Selected year snapshot
For 2024, the active event in this file is 著作權法 (Copyright Act).
100%
Current rationale
As of 2025, Taiwan's Copyright Act contains a robust set of exceptions relevant to research. The most permissive is Article 65, an open-ended general fair use clause modeled on U.S. fair use. It applies to any use ('利用') of any work by any user, with a four-factor balancing test. The phrase 'or other circumstances of fair use' (或其他合理使用之情形) makes it an independent basis for fair use beyond the specific exceptions in Arts. 44-63. For research purposes: Uses — covers all exclusive rights (reproduction, communication, distribution, etc.) because '利用' means exploitation/use generally. Works — no limitation on types of works. Users — any user, not restricted to individuals or institutions. This is GREEN. Additional exceptions include: Art. 52 (quotation for research, RED individually as limited to excerpts), Art. 51 (personal reproduction, LIGHT BLUE individually), Art. 48 (library reproduction for research, PURPLE individually), Art. 48-1 (institutional reproduction of abstracts, PURPLE individually), Art. 46/46-1 (educational use, BLUE individually). Taiwan has no specific TDM exception as of 2025, but TDM activities could potentially qualify under Art. 65's general fair use clause. Classification-neutral factors: non-commercial purpose is one factor in the test but not a requirement; copy limits, remuneration, and lawful-access requirements were not used to change the color.
Exceptions considered
General open-ended fair use clause: fair use does not constitute infringement; four-factor test applies to Arts. 44-63 AND 'other circumstances of fair use'; any use, any work, any user
Quotation from published works for research, teaching, reporting, comment, or other legitimate purposes within reasonable scope; limited to quotation (excerpts)
Reproduction for personal or family non-profit purposes within reasonable scope using library or non-public machine; limited to individuals, covers full-work reproduction
Library/archive/museum reproduction: part of work for personal research (one copy, no digital), preservation copies, out-of-print works for similar institutions, digital collection restoration; on-premises digital access with restrictions
Government agencies, educational institutions, and public libraries may reproduce abstracts of theses, journal articles, and conference proceedings
Schools and teachers may reproduce, publicly perform, screen, broadcast, and transmit published works for school teaching purposes with technical measures
Schools/educational institutions may publicly broadcast or transmit published works for non-commercial educational purposes with notification and remuneration
Government agencies, schools, and educational institutions may reproduce published works for examination purposes
Law changes
著作權法 (Copyright Act)
Baseline · Effective 1985-07-12
0%
Relevant section: Art. 44–65 (Chapter IV: Limitations on Copyright)
Dates: Effective 1985-07-12 · Enacted 1985-07-10
Why this score
The Copyright Act in force on 1990-01-01 was the 1985 Copyright Act (enacted 1985-07-10). This Act contained limited exceptions. Article 29 permitted quotation for purposes including research, but was limited to excerpts/quotations rather than full-work reproduction. Article 28 permitted personal reproduction but was narrowly framed. There was no general fair use clause with four factors. The most permissive research-relevant exception was the quotation right, which by its nature limits reproduction to excerpts. No provision permitted full-work reproduction for research by any user. Classification-neutral factors (non-commercial restriction) were not considered in the color decision.
Exceptions considered
Quotation from published works for purposes of criticism, review, research, teaching, etc., within a reasonable scope
Personal reproduction for non-profit private use
Original text
第 51 條 供個人或家庭為非營利之目的，在合理範圍內，得利用圖書館及非供公眾使用之機器重製已公開發表之著作。 第 52 條 為報導、評論、教學、研究或其他正當目的之必要，在合理範圍內，得引用已公開發表之著作。
English rendering
[Unofficial translation]: Article 51: For personal or family non-profit purposes, within a reasonable scope, a person may reproduce a publicly released work using a library or a machine not available for public use. Article 52: Where necessary for the purpose of reporting, comment, teaching, research, or other legitimate purposes, within a reasonable scope, a person may quote from a publicly released work.
Source links
著作權法 (Copyright Act, 1992 Amendment)
Relevant update · Effective 1992-06-10
100%
Relevant section: Art. 44–65
Dates: Effective 1992-06-10 · Enacted 1992-06-10
Why this score
The 1992 amendment was a comprehensive overhaul of Taiwan's Copyright Act. It introduced Article 65, a general fair use clause modeled on U.S. fair use (17 U.S.C. § 107), with four factors. Critically, Article 65 states that use may qualify as fair use under Articles 44–63 'or other circumstances of fair use' (其他合理使用之情形), making it an open-ended general fair use provision. This means any use of any work by any user can potentially qualify as fair use if it satisfies the four-factor test. For research purposes, this is GREEN: it covers all exclusive rights (the term '利用' means 'use/exploit,' covering reproduction, communication, etc.), all works, and all users. Article 52 (quotation for research) and Article 51 (personal reproduction) also remain in force but are less permissive than the general fair use clause. Article 48 provides library-specific exceptions. The most permissive exception is Article 65's general fair use clause, which is open-ended and covers research. Classification-neutral factors (non-commercial purpose is merely one factor, not a requirement) were not used to change the color.
Exceptions considered
General fair use clause with four factors; applies to any use of any work by any user, including 'other circumstances of fair use' beyond Arts. 44-63
Quotation from published works for research, teaching, reporting, comment, or other legitimate purposes within reasonable scope
Reproduction for personal or family non-profit purposes within reasonable scope using library or non-public machine
Library reproduction: part of a work for personal research (one copy), preservation copies, out-of-print works for similar institutions
Reproduction, public performance, or public screening by schools and teachers for classroom teaching purposes
Original text
第 48 條 供公眾使用之圖書館、博物館、歷史館、科學館、藝術館或其他文教機構，於下列情形之一，得就其收藏之著作重製之： 一、應閱覽人供個人研究之要求，重製已公開發表著作之一部分，或期刊或已公開發表之研討會論文集之單篇著作，每人以一份為限。 二、基於保存資料之必要者。 三、就絕版或難以購得之著作，應同性質機構之要求者。 第 51 條 供個人或家庭為非營利之目的，在合理範圍內，得利用圖書館及非供公眾使用之機器重製已公開發表之著作。 第 52 條 為報導、評論、教學、研究或其他正當目的之必要，在合理範圍內，得引用已公開發表之著作。 第 65 條 著作之利用是否合於第四十四條至第六十三條規定或其他合理使用之情形，應審酌一切情狀，尤應注意下列事項，以為判斷之基準： 一、利用之目的及性質，包括係為商業目的或非營利教育目的。 二、著作之性質。 三、所利用之質量及其在整個著作所占之比例。 四、利用結果對著作潛在市場與現在價值之影響。
English rendering
[Unofficial translation]: Article 48: Libraries, museums, historical museums, science museums, art museums, or other cultural and educational institutions open to the public may reproduce works in their collections in any of the following circumstances: 1. At the request of a reader for personal research purposes, reproduction of a part of a published work, or a single article from a periodical or published conference proceedings, limited to one copy per person. 2. Where necessary for the preservation of materials. 3. For out-of-print or hard-to-obtain works, at the request of an institution of the same nature. Article 51: For personal or family non-profit purposes, within a reasonable scope, a person may reproduce a publicly released work using a library or a machine not available for public use. Article 52: Where necessary for the purpose of reporting, comment, teaching, research, or other legitimate purposes, within a reasonable scope, a person may quote from a publicly released work. Article 65: In determining whether the exploitation of a work constitutes fair use under Articles 44 through 63 or other circumstances of fair use, all circumstances shall be taken into account, with particular attention to the following criteria: 1. The purpose and character of the exploitation, including whether it is for commercial or non-profit educational purposes. 2. The nature of the work. 3. The amount and substantiality of the portion used in relation to the work as a whole. 4. The effect of the exploitation on the potential market for or current value of the work.
Source links
著作權法 (Copyright Act, 1998 Amendment)
Relevant update · Effective 1998-01-21
100%
Relevant section: Art. 65
Dates: Effective 1998-01-21 · Enacted 1998-01-21
Why this score
The 1998 amendment to Article 65 was critical. It broadened the fair use clause by adding the phrase '或其他合理使用之情形' ('or other circumstances of fair use'), making Article 65 an independent, open-ended fair use provision rather than merely a guide for interpreting Arts. 44-63. It also added paragraph 1 explicitly stating that fair use does not constitute infringement. This means any use — including research use — of any work by any user can qualify as fair use if it satisfies the four-factor balancing test. This is a U.S.-style open fair use clause. Uses: covers all exclusive rights ('利用' = use/exploit). Works: all works. Users: any user. This is GREEN. All other exceptions (Arts. 48, 51, 52, etc.) remain in force but are less permissive than the general fair use clause.
Exceptions considered
General open-ended fair use clause: fair use does not constitute infringement; four-factor test applies to Arts. 44-63 AND 'other circumstances of fair use'
Quotation for research, teaching, reporting, comment, or other legitimate purposes within reasonable scope
Reproduction for personal or family non-profit purposes within reasonable scope
Library reproduction for personal research (part of work), preservation, out-of-print works
Educational use: reproduction, public performance, public screening for school teaching
Original text
第 65 條 著作之合理使用，不構成著作財產權之侵害。 著作之利用是否合於第四十四條至第六十三條規定或其他合理使用之情形，應審酌一切情狀，尤應注意下列事項，以為判斷之基準： 一、利用之目的及性質，包括係為商業目的或非營利教育目的。 二、著作之性質。 三、所利用之質量及其在整個著作所占之比例。 四、利用結果對著作潛在市場與現在價值之影響。 著作權人團體與利用人團體就著作之合理使用範圍達成協議者，得為前項判斷之參考。 前項協議過程中，得諮詢著作權專責機關之意見。
English rendering
[Unofficial translation]: Article 65: Fair use of a work shall not constitute infringement of economic rights in the work. In determining whether the exploitation of a work constitutes a situation covered by Articles 44 through 63 or other circumstances of fair use, all circumstances shall be taken into account, with particular attention to the following criteria: 1. The purpose and character of the exploitation, including whether it is for commercial or non-profit educational purposes. 2. The nature of the work. 3. The amount and substantiality of the portion used in relation to the work as a whole. 4. The effect of the exploitation on the potential market for or current value of the work. Agreements reached between copyright holder groups and user groups regarding the scope of fair use may serve as reference for the determination in the preceding paragraph. During the process of reaching the agreement referred to in the preceding paragraph, the opinions of the copyright competent authority may be consulted.
Source links
著作權法 (Copyright Act, 2003 Amendment)
Relevant update · Effective 2003-07-09
100%
Relevant section: Art. 48, Art. 48-1
Dates: Effective 2003-07-09 · Enacted 2003-07-09
Why this score
The 2003 amendment added Article 48-1 (reproduction of abstracts of academic works by government agencies, educational institutions, and libraries) and made other changes. This is a narrow institutional exception for abstracts only. However, the general fair use clause (Art. 65) remains in force and unchanged, so the overall classification remains GREEN. The 2003 amendment also revised Art. 48 but the core library exception structure remained similar. The most permissive exception remains Art. 65's open-ended fair use clause.
Exceptions considered
General open-ended fair use clause with four factors (unchanged from 1998)
Government agencies, educational institutions, and public libraries may reproduce abstracts of theses, journal articles, and conference proceedings
Quotation for research and other legitimate purposes
Personal/family non-profit reproduction
Library reproduction for personal research, preservation, out-of-print works
Original text
第 48-1 條 中央或地方機關、依法設立之教育機構或供公眾使用之圖書館，得重製下列已公開發表之著作所附之摘要︰ 一、依學位授予法撰寫之碩士、博士論文，著作人已取得學位者。 二、刊載於期刊中之學術論文。 三、已公開發表之研討會論文集或研究報告。
English rendering
[Unofficial translation]: Article 48-1: Central or local government agencies, educational institutions established by law, or libraries open to public use may reproduce the abstracts appended to the following publicly released works: 1. Master's or doctoral theses written pursuant to the Degree Conferral Act, where the author has obtained the degree. 2. Academic articles published in periodicals. 3. Published conference proceedings or research reports.
Source links
著作權法 (Copyright Act, 2004 Amendment)
Relevant update · Effective 2004-09-01
100%
Relevant section: Art. 49
Dates: Effective 2004-09-01 · Enacted 2004-09-01
Why this score
The 2004 amendment added 'internet' (網路) to Art. 49 (news reporting exception), reflecting digital developments. This is a minor change not directly affecting research exceptions. Art. 65 general fair use clause remains unchanged and is the most permissive exception. Classification remains GREEN.
Exceptions considered
General open-ended fair use clause with four factors (unchanged)
Quotation for research and other legitimate purposes
Personal/family non-profit reproduction
Library reproduction for personal research, preservation, out-of-print works
Original text
第 49 條 以廣播、攝影、錄影、新聞紙、網路或其他方法為時事報導者，在報導之必要範圍內，得利用其報導過程中所接觸之著作。
English rendering
[Unofficial translation]: Article 49: A person who reports on current events by means of broadcasting, photography, video recording, newspaper, internet, or other methods may, within the scope necessary for the report, exploit works encountered in the course of reporting.
Source links
著作權法 (Copyright Act, 2019 Amendment)
Relevant update · Effective 2019-05-01
100%
Relevant section: Art. 46, Art. 46-1, Art. 48
Dates: Effective 2019-05-01 · Enacted 2019-05-01
Why this score
The 2019 amendment (enacted 2019-05-01) significantly revised Arts. 46, 46-1, and 48. Art. 46 was broadened to allow public broadcasting and public transmission for school teaching with technical measures. Art. 46-1 was newly added to allow educational broadcasting/transmission with remuneration. Art. 48 was revised to expand library exceptions (adding archives and other collection institutions, adding digital preservation and digital collection restoration provisions) while also adding a restriction that digital reproductions may not be provided for personal research requests (Art. 48(1) proviso). These changes are relevant to research: Art. 48(1) now explicitly prohibits providing digital copies for personal research requests, which is a narrowing of the library exception in the digital context. However, Art. 65's general fair use clause remains unchanged and is still the most permissive exception. Classification remains GREEN.
Exceptions considered
General open-ended fair use clause with four factors (unchanged)
Library/archive reproduction: part of work for personal research (no digital copies), preservation, out-of-print works, digital collection restoration; new provisions for on-premises digital access
Reproduction of abstracts of academic works by government, educational institutions, libraries
Quotation for research and other legitimate purposes
Personal/family non-profit reproduction
Educational reproduction, public performance, screening, broadcasting, and transmission for school teaching
Educational broadcasting and transmission for non-commercial educational purposes with remuneration
Original text
第 46 條 依法設立之各級學校及其擔任教學之人，為學校授課目的之必要範圍內，得重製、公開演出或公開上映已公開發表之著作。 前項情形，經採取合理技術措施防止未有學校學籍或未經選課之人接收者，得公開播送或公開傳輸已公開發表之著作。 第四十四條但書規定，於前二項情形準用之。 第 46-1 條 依法設立之各級學校或教育機構及其擔任教學之人，為教育目的之必要範圍內，得公開播送或公開傳輸已公開發表之著作。但有營利行為者，不適用之。 前項情形，除符合前條第二項規定外，利用人應將利用情形通知著作財產權人並支付適當之使用報酬。 第 48 條 供公眾使用之圖書館、博物館、歷史館、科學館、藝術館、檔案館或其他典藏機構，於下列情形之一，得就其收藏之著作重製之： 一、應閱覽人供個人研究之要求，重製已公開發表著作之一部分，或期刊或已公開發表之研討會論文集之單篇著作，每人以一份為限。但不得以數位重製物提供之。 二、基於避免遺失、毀損或其儲存形式無通用技術可資讀取，且無法於市場以合理管道取得而有保存資料之必要者。 三、就絕版或難以購得之著作，應同性質機構之要求者。 四、數位館藏合法授權期間還原著作之需要者。
English rendering
[Unofficial translation]: Article 46: Schools at all levels established by law and their teachers may, within the scope necessary for school instruction purposes, reproduce, publicly perform, or publicly screen publicly released works. In the circumstances of the preceding paragraph, where reasonable technical measures are adopted to prevent reception by persons without school enrollment or course registration, publicly released works may be publicly broadcast or publicly transmitted. The proviso of Article 44 shall apply mutatis mutandis. Article 46-1: Schools or educational institutions at all levels established by law and their teachers may, within the scope necessary for educational purposes, publicly broadcast or publicly transmit publicly released works. However, this shall not apply where there is commercial activity. In the circumstances of the preceding paragraph, except where Article 46 paragraph 2 applies, the user shall notify the copyright owner and pay appropriate remuneration. Article 48: Libraries, museums, historical museums, science museums, art museums, archives, or other collection institutions open to public use may reproduce works in their collections in any of the following circumstances: 1. At the request of a reader for personal research purposes, reproduction of a part of a published work, or a single article from a periodical or published conference proceedings, limited to one copy per person; however, digital reproductions may not be provided. 2. Where necessary for preservation to avoid loss, damage, or where the storage format cannot be read by commonly available technology, and the work cannot be obtained through reasonable market channels. 3. For out-of-print or hard-to-obtain works, at the request of an institution of the same nature. 4. Where necessary for restoring works during the period of lawful authorization of digital collections.
Source links
著作權法 (Copyright Act)
Current law confirmation · Effective 2019-05-01
100%
Relevant section: Art. 44–65 (esp. Art. 48, 48-1, 51, 52, 65)
Dates: Effective 2019-05-01 · Enacted 2022-06-15
Why this score
As of 2025, Taiwan's Copyright Act contains a robust set of exceptions relevant to research. The most permissive is Article 65, an open-ended general fair use clause modeled on U.S. fair use. It applies to any use ('利用') of any work by any user, with a four-factor balancing test. The phrase 'or other circumstances of fair use' (或其他合理使用之情形) makes it an independent basis for fair use beyond the specific exceptions in Arts. 44-63. For research purposes: Uses — covers all exclusive rights (reproduction, communication, distribution, etc.) because '利用' means exploitation/use generally. Works — no limitation on types of works. Users — any user, not restricted to individuals or institutions. This is GREEN. Additional exceptions include: Art. 52 (quotation for research, RED individually as limited to excerpts), Art. 51 (personal reproduction, LIGHT BLUE individually), Art. 48 (library reproduction for research, PURPLE individually), Art. 48-1 (institutional reproduction of abstracts, PURPLE individually), Art. 46/46-1 (educational use, BLUE individually). Taiwan has no specific TDM exception as of 2025, but TDM activities could potentially qualify under Art. 65's general fair use clause. Classification-neutral factors: non-commercial purpose is one factor in the test but not a requirement; copy limits, remuneration, and lawful-access requirements were not used to change the color.
Exceptions considered
General open-ended fair use clause: fair use does not constitute infringement; four-factor test applies to Arts. 44-63 AND 'other circumstances of fair use'; any use, any work, any user
Quotation from published works for research, teaching, reporting, comment, or other legitimate purposes within reasonable scope; limited to quotation (excerpts)
Reproduction for personal or family non-profit purposes within reasonable scope using library or non-public machine; limited to individuals, covers full-work reproduction
Library/archive/museum reproduction: part of work for personal research (one copy, no digital), preservation copies, out-of-print works for similar institutions, digital collection restoration; on-premises digital access with restrictions
Government agencies, educational institutions, and public libraries may reproduce abstracts of theses, journal articles, and conference proceedings
Schools and teachers may reproduce, publicly perform, screen, broadcast, and transmit published works for school teaching purposes with technical measures
Schools/educational institutions may publicly broadcast or transmit published works for non-commercial educational purposes with notification and remuneration
Government agencies, schools, and educational institutions may reproduce published works for examination purposes
Original text
第 65 條 著作之合理使用，不構成著作財產權之侵害。 著作之利用是否合於第四十四條至第六十三條規定或其他合理使用之情形，應審酌一切情狀，尤應注意下列事項，以為判斷之基準： 一、利用之目的及性質，包括係為商業目的或非營利教育目的。 二、著作之性質。 三、所利用之質量及其在整個著作所占之比例。 四、利用結果對著作潛在市場與現在價值之影響。 著作權人團體與利用人團體就著作之合理使用範圍達成協議者，得為前項判斷之參考。 前項協議過程中，得諮詢著作權專責機關之意見。 第 52 條 為報導、評論、教學、研究或其他正當目的之必要，在合理範圍內，得引用已公開發表之著作。 第 51 條 供個人或家庭為非營利之目的，在合理範圍內，得利用圖書館及非供公眾使用之機器重製已公開發表之著作。 第 48 條 供公眾使用之圖書館、博物館、歷史館、科學館、藝術館、檔案館或其他典藏機構，於下列情形之一，得就其收藏之著作重製之： 一、應閱覽人供個人研究之要求，重製已公開發表著作之一部分，或期刊或已公開發表之研討會論文集之單篇著作，每人以一份為限。但不得以數位重製物提供之。 二、基於避免遺失、毀損或其儲存形式無通用技術可資讀取，且無法於市場以合理管道取得而有保存資料之必要者。 三、就絕版或難以購得之著作，應同性質機構之要求者。 四、數位館藏合法授權期間還原著作之需要者。
English rendering
[Unofficial translation]: Article 65: Fair use of a work shall not constitute infringement of economic rights in the work. In determining whether the exploitation of a work constitutes a situation covered by Articles 44 through 63 or other circumstances of fair use, all circumstances shall be taken into account, with particular attention to the following criteria: 1. The purpose and character of the exploitation, including whether it is for commercial or non-profit educational purposes. 2. The nature of the work. 3. The amount and substantiality of the portion used in relation to the work as a whole. 4. The effect of the exploitation on the potential market for or current value of the work. Agreements reached between copyright holder groups and user groups regarding the scope of fair use may serve as reference for the determination in the preceding paragraph. During the process of reaching the agreement referred to in the preceding paragraph, the opinions of the copyright competent authority may be consulted. Article 52: Where necessary for the purpose of reporting, comment, teaching, research, or other legitimate purposes, within a reasonable scope, a person may quote from a publicly released work. Article 51: For personal or family non-profit purposes, within a reasonable scope, a person may reproduce a publicly released work using a library or a machine not available for public use. Article 48: Libraries, museums, historical museums, science museums, art museums, archives, or other collection institutions open to public use may reproduce works in their collections in any of the following circumstances: 1. At the request of a reader for personal research purposes, reproduction of a part of a published work, or a single article from a periodical or published conference proceedings, limited to one copy per person; however, digital reproductions may not be provided. 2. Where necessary for preservation to avoid loss, damage, or where the storage format cannot be read by commonly available technology, and the work cannot be obtained through reasonable market channels. 3. For out-of-print or hard-to-obtain works, at the request of an institution of the same nature. 4. Where necessary for restoring works during the period of lawful authorization of digital collections.